Work Permit vs Green Card. Understanding the Differences for Family-Based Immigrants

If you’re navigating a family-based immigration case, you may be wondering about the work permit vs green card question – what each one is, how they differ, and which you might need. Both a work permit and a green card can allow you to legally work and live in the United States, but they are not the same. In this blog post, we’ll break down the definitions, eligibility, application process (including how forms like I-130, I-485, and I-765 come into play), benefits and restrictions of each, common misconceptions, timelines, and what happens if your green card is denied but you have a work permit. Let’s dive in!

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What Is a Work Permit (Employment Authorization Document)?

A work permit, officially known as an Employment Authorization Document (EAD), is a legal document issued by USCIS that temporarily allows a non-U.S. citizen to work in the United States. It is typically a wallet-sized card with your photo that serves as proof of your right to work for a specific period. Most EADs are valid for one year or two years at a time (depending on your category), and they can be renewed as long as you continue to qualify. Importantly, a work permit is not an immigration status – it’s tied to an underlying status or pending application. In family-based cases, the relevant underlying application is usually a pending green card (adjustment of status) application.

Who can get a work permit? In the context of family-based immigration, typically anyone who has filed a Form I-485 (Application to Adjust Status) in the U.S. can apply for a work permit while that green card application is pending. For example, if you are married to a U.S. citizen and you’re applying for a marriage-based green card via adjustment of status, you can submit Form I-765 (Application for Employment Authorization) along with your I-485. Once approved, the EAD lets you work legally while waiting for the green card decision. If you are outside the U.S., you generally cannot get a work permit until you enter the U.S. and file for adjustment – USCIS will not issue an EAD to relatives abroad.

Aside from green card applicants, other groups (like asylees, refugees, certain visa holders’ spouses, etc.) may also qualify for an EAD. But for family-based green card seekers, the EAD is usually a “C09” category work permit based on a pending I-485 application. This is often called a “green card-based EAD” because it’s directly linked to your ongoing green card process.

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What Is a Green Card (Lawful Permanent Residence)?

A green card is the common term for lawful permanent resident (LPR) status. If you have a green card, it means you are authorized to live and work in the United States permanently. The green card itself is a photo ID card proving your LPR status. Green cards are typically valid for 10 years at a time (for permanent residents) or 2 years if you are a conditional resident (for example, in marriages under two years at approval). Unlike a work permit, which is temporary, a green card represents a more permanent status in the U.S. immigration system.

For family-based immigrants, getting a green card usually involves being sponsored by a qualifying family member. For instance, U.S. citizens can petition their spouses, parents, or children, and permanent residents can petition spouses and unmarried children, via Form I-130 (Petition for Alien Relative). Once the I-130 petition is approved (or filed concurrently, if allowed), the immigrant may file Form I-485 to adjust status to permanent resident (if in the U.S.), or go through consular processing abroad to receive an immigrant visa. In either case, the end result is the green card, which confers the right to work without needing a separate work permit and the right to live in the U.S. indefinitely, as long as you remain a law-abiding resident.

Green card holders enjoy many benefits. They can work for any employer (or start a business) without restrictions, travel in and out of the U.S. more freely (using the green card to re-enter the U.S.) and eventually apply for U.S. citizenship after meeting certain residency requirements (typically 5 years, or 3 years if married to a U.S. citizen). Green card status is considered “permanent,” but note that it can be revoked in certain situations (for example, serious criminal convictions or long absences from the U.S. that suggest abandonment of residency). Still, it is a far more secure status than any temporary visa or work permit.

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Eligibility: Who Can Get a Work Permit vs. Who Can Get a Green Card?

Work Permit Eligibility (Family-Based Context): In family-based cases, you become eligible for a work permit once you have a green card case in process from within the United States. In practice, this means you have filed Form I-485 to adjust status. Immediate relatives of U.S. citizens (spouses, minor children, and parents of adult U.S. citizens) can file the I-485 concurrently with the I-130 petition, and include an I-765 application for a work permit at the same time. Family preference immigrants (such as spouses of permanent residents or siblings of U.S. citizens) usually must wait until their I-130 is approved and a visa number is available before filing the I-485 and I-765. In short, having a pending I-485 is the key that unlocks the ability to get an EAD in family cases. (There are a few limited exceptions, like K-1 fiancé(e) visa holders, who can apply for a short-term work permit after entry even before filing I-485, but that is less common and usually that initial EAD is valid only for 90 days.)

Green Card Eligibility (Family-Based): To be eligible for a family-based green card, you must have a qualifying family relationship and meet other requirements (no disqualifying criminal or immigration violations, not likely to become a public charge, etc.). The main family categories include immediate relatives of U.S. citizens (spouse, parent, unmarried child under 21) and family preference categories like adult children or siblings of U.S. citizens, and spouses/children of permanent residents. The Form I-130 is filed by the U.S. citizen or resident family member (the petitioner) to prove the relationship. Once a visa is available, the immigrant can apply for the green card via I-485 (if in the U.S.) or through the National Visa Center/consulate (if abroad). There are additional forms and steps (medical exam, affidavit of support, etc.), but essentially eligibility for the green card depends on the family relationship and the immigrant being admissible to the U.S.

It’s important to note that eligibility for a work permit is broader than eligibility for a green card in one sense: many people who are not eligible for a green card (say, asylum applicants or DACA recipients) can still get work permits. However, in the family context, the work permit is typically a steppingstone on the way to a green card, not an alternative to it.

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Application Process: I-130, I-485, I-765 and How They Relate

Understanding the application process in a family-based case will clarify how the work permit and green card fit together:

• Step 1: The I-130 Petition: The U.S. citizen or permanent resident family member files Form I-130 to establish the qualifying relationship (for example, husband-wife, parent-child, etc.). This is the foundational petition for all family-based immigrants. On its own, an approved I-130 does not grant any immigration status or permission to work – it’s just an approval that says “yes, this is a valid relative.” Once the I-130 is approved (or immediately, for immediate relatives), the beneficiary can move on to the green card application.
  

• Step 2: Green Card Application (I-485 or Consular Processing): If the immigrant is inside the U.S. and eligible, they can file Form I-485 (Application to Adjust Status) to switch from their current status to permanent residence. If they’re outside the U.S., they will go through consular processing after the I-130, which involves submitting forms to the National Visa Center (NVC) and attending a visa interview abroad. In either scenario, this step is the actual green card application. For those filing I-485 in the U.S., this is the stage where you can also apply for ancillary benefits like a work permit and travel permit.
  

• Step 3: Work Permit Application (I-765) and Advance Parole (I-131): When you file an I-485, USCIS allows you to concurrently file Form I-765 for an Employment Authorization Document and Form I-131 for Advance Parole (a travel document), without extra fee. Most family green card applicants take advantage of this so that they can work legally (and travel, if needed) while waiting for the green card. USCIS will process and issue the work permit (EAD) typically before the green card is approved. The EAD arrives as a card in the mail and is usually valid for one year (sometimes two years, depending on processing times and policy). If you filed for Advance Parole, you might receive a “combo card” which is an EAD that also states it’s valid for re-entry (advance parole), allowing travel. If you didn’t apply for advance parole, remember that an EAD by itself does not authorize travel abroad – leaving the U.S. without a separate advance parole document could abandon your I-485 application.
  

• Step 4: Green Card Approval: After processing (which may involve a biometrics appointment and often an interview at USCIS for family cases), a decision is made on your I-485. If approved, you become a permanent resident and will be mailed your green card. Once you have the green card, you no longer need the work permit – in fact, any valid EAD you had based on the pending I-485 is essentially overridden by your new status (and will be terminated by USCIS). If your I-485 (green card) is denied, the work permit does not provide a backup status, as we’ll discuss later.

In summary, the I-130 petition starts the family-based immigration process, the I-485 (with I-765) gets you a work permit and puts you on track for a green card if you’re adjusting status, and the green card approval is the end goal which makes the temporary work permit no longer necessary. Many applicants file these forms together in what’s called a “concurrent filing” (I-130 + I-485 + I-765 + I-131) to save time, where eligible.

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Benefits and Restrictions: Work Permit vs Green Card

When comparing work permit vs green card benefits, it’s clear that a green card offers far more rights and privileges. Here’s a breakdown of key differences in benefits and restrictions:

• Authorization to Work: Both documents allow you to work legally in the U.S., but a green card gives open-ended work authorization inherent to your status. You can work for any employer (or multiple employers) without needing special permission, and you never have to renew a separate work permit. The EAD work permit is temporary – it must be renewed typically every 1 or 2 years, and it’s only valid as long as the underlying basis (like your pending I-485) remains valid. If your work permit expires and isn’t renewed, you lose your legal ability to work (unless you have another status). Green card holders, on the other hand, just need to renew their green card every 10 years (similar to renewing a driver’s license) for card validity, but their authorization to work is permanent as long as they remain an LPR.
  

• Travel Freedom: A green card holder can travel outside the U.S. and re-enter with their valid green card and passport from their home country. They can take trips abroad, although staying outside for long periods can raise issues about abandoning residency. But generally, short trips (under 6 months) are routine for green card holders. In contrast, a work permit (EAD) by itself does not grant re-entry to the U.S. In fact, EAD cards explicitly state “Not Valid for Reentry to U.S.” on them. To travel while on a work permit pending a green card, you need to have an Advance Parole document or else your green card application could be considered abandoned. This means green card holders have much more flexibility for travel. (Note: Some EAD holders might also hold a dual-status visa like H-1B or L-1 which allows reentry, but that’s a separate matter. Most family-based EAD holders who left without AP would lose their adjustment of status.)
  

• Duration and Stability: A green card is a more stable, long-term status. Permanent residents can live in the U.S. indefinitely – the 10-year card expiration is just an administrative renewal, not an expiration of status. Even conditional 2-year green card holders have the ability to file for removal of conditions to transition to a 10-year card. A work permit is short-term and contingent. EADs are usually issued for 1 year (sometimes 2 years) and need continual renewal if your case is still pending or if you remain in a category that allows it. If the underlying application or status ends, the EAD ends. For example, if your I-485 is denied or you withdraw it, any work permit based on that (category C09) becomes invalid immediately once the case is no longer pending. Bottom line: the green card represents permanence (with renewal of the card but not status), whereas the EAD is temporary and offers no permanence by itself.
  

• Public Benefits and Other Rights: Green card holders are considered “qualified aliens” for many public benefits programs and, after typically a 5-year waiting period, may become eligible for federal benefits like Medicaid, Medicare, SSI, etc. (eligibility rules can be complex). Work permit holders without a green card are generally not eligible for most federal public benefits because they don’t have permanent resident status. Additionally, with a green card you can qualify for in-state tuition in many cases, get a state ID/driver’s license for a longer duration, and receive certain legal protections that non-immigrants might not. An EAD might enable you to get a Social Security Number and pay taxes, but it doesn’t give the broader range of opportunities that come with permanent residency.
  

• Sponsoring Family Members: A significant benefit of a green card (and eventually citizenship) is the ability to sponsor certain family members for immigration. Permanent residents can petition their spouse and unmarried children. U.S. citizens (after naturalization) can petition a wider range of family (parents, married children, siblings, etc.). EAD holders have no ability to sponsor relatives, because an EAD is not an immigrant status. If you only have a work permit, you must wait until you become a permanent resident or citizen before you can help family members immigrate.
  

• Path to Citizenship: A green card is the pathway to U.S. citizenship. After maintaining permanent resident status for the required number of years, you can apply to naturalize. An EAD, by itself, never leads to citizenship – it’s not an immigrant status, so time spent in the U.S. on just a work permit doesn’t count toward naturalization. The only way an EAD holder can become a citizen is if they eventually obtain a green card and then fulfill the citizenship requirements.

In summary, the green card offers far more benefits and security: it’s permanent (with renewal), allows re-entry to the U.S., qualifies you for more rights, and leads to citizenship. The work permit is a useful temporary measure – it lets you legally work while your immigration case is in process (or under some other limited basis), but it does not grant you permanent residence or the full suite of benefits that come with a green card. Think of the work permit as a bridge to help you sustain yourself until you reach the destination of getting a green card.

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Common Misconceptions About Work Permits and Green Cards

There are several misconceptions that family-based immigrants often have about work permits vs green cards. Let’s clear those up:

• “If I get a work permit, I don’t need a green card.” This is false. A work permit is not an end goal; it’s usually a means to an end. It does not give you permanent legal status in the U.S. and will expire if not renewed. Without a green card (or other status), an expired EAD leaves you with no legal standing. For family immigration, the work permit is typically just a temporary benefit while you await the green card.
  

• “A work permit is basically the same as a green card.” Not true. While they are both plastic cards and both allow work, a green card signifies lawful permanent residence, whereas the EAD is temporary authorization to work. They represent different stages: an EAD often comes before permanent residency (during the waiting period) and expires once the residency is granted. Also, only a green card gives you the fuller rights (like travel and sponsorship of family) as explained above.
  

• “I have a work permit, so I can stay in the U.S. as long as it’s valid, even if my green card case fails.” Caution: If your I-485 is denied or your underlying status is lost, your work permit tied to that status is no longer valid, even if the card hasn’t expired yet. An EAD does not provide lawful status by itself. Once the basis for it is gone, you are expected to stop working and you could become deportable if you have no other legal status. Many people mistakenly think the date on the EAD card governs their stay; in reality, it’s the status (like pending I-485) that governs it. Always consult an attorney if your green card application is denied, even if you still hold a valid-looking EAD.
  

• “I can travel abroad with my work permit card.” No – as mentioned, an EAD is not a travel document. Leaving the country just with an EAD (and no advance parole or other visa) will likely bar you from re-entering, and it can void your pending I-485 case. This is a dangerous misconception. Unless you have Advance Parole (Form I-131 approved) or a valid H/L dual-intent visa to return on, do not travel internationally until you have the green card in hand.
  

• “Once I get my work permit, my green card approval is guaranteed (or vice versa).” Not necessarily. The work permit and the green card application are related but separate processes. USCIS could approve your EAD and later deny your green card if, for example, new information comes up or you don’t meet some requirement. Conversely, sometimes a green card gets approved relatively fast and the person never even needed an EAD. There is no rule that you must get one before the other, although in practice many applicants do receive the work permit first. The point is, approval of one is not a guarantee of the other – each is evaluated on its own criteria.
  

• “A work permit (EAD) is the same as a work visa.” No – a visa is a travel document in your passport that allows you to seek entry to the U.S. in a particular status (like a K-1 fiancé visa or H-1B work visa). An EAD is not a visa; it doesn’t by itself allow entry, and it is used for work authorization once you are in the U.S. People sometimes loosely say “work visa” to mean a work permit, but technically they are different. In family cases, you might have entered on a K-1 visa or as a visitor, etc., and then you apply for an EAD during adjustment. But that EAD isn’t a visa and won’t let you come and go internationally.

Understanding these misconceptions helps ensure you make informed decisions and don’t accidentally jeopardize your immigration case by overestimating what a work permit allows.

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Timeline and Validity: How Long Each Takes and Lasts

Work Permit Timeline: The timeline to get a work permit (EAD) for a family-based applicant can vary. Historically, USCIS processed EAD applications within 90 days, but backlogs in recent years have slowed this down. As of early 2025, applicants are typically waiting around 5 to 7 months on average to receive their work permit after filing. Some get it sooner, some later, depending on the USCIS service center and workload. (In fact, USCIS has a stated goal to improve EAD processing times, and some adjustment applicants may see EAD approvals in 2–4 months in optimistic scenarios, but others could wait longer.) The work permit arrives as a card, and it will show an expiration date one or two years in the future. Validity periods for EADs: most adjustment-pending EADs are issued for 1 year initially, though USCIS at times has extended renewals to 2 years if delays continue. Also, new rules provide an automatic 540-day extension for many EAD renewal applicants if they file to renew before the current one expires – this is to prevent gaps in employment authorization.

After you get the card, you can use it to work legally anywhere. If your green card process is still ongoing as the EAD expiration approaches, you should file for renewal about 180 days before expiry to avoid gaps. There’s no additional fee for the initial I-765 if filed with I-485 (the filing fee for I-485 covers it), but renewals (if needed due to delays) may require a fee unless exempt.

Green Card Timeline: The timeline for a family-based green card varies by category and USCIS/dos workload. Immediate relatives adjusting status in the U.S. might expect roughly 10 to 14 months (about 1 year give or take) from filing to approval in many cases. This can be shorter if USCIS waives the interview or the field office is quick, or longer if there are backlogs or requests for evidence. If it’s a spouse of a U.S. citizen, sometimes cases are done in 6-8 months, while other times it may exceed a year. Family preference cases (like spouses of permanent residents or siblings) can take years if you include the wait for a visa number in the process, but once the I-485 is filed, the processing time for the adjustment itself is similar (a year or so). Consular processing also varies – it could be around a year or more from I-130 to visa issuance, depending on consulate timelines.

Green cards, once approved, are valid for 10 years if permanent, or 2 years if conditional (marriage cases where the marriage was less than 2 years old at approval get a 2-year conditional green card). It’s crucial to file a Form I-751 petition to remove conditions before that 2-year card expires, to get a 10-year card. Ten-year green cards can be renewed with Form I-90; renewal is straightforward as long as you haven’t done anything to jeopardize your status. Remember: the expiration on a 10-year green card is just the card, not your status – if you forget to renew, you’re still a permanent resident, just without a valid card on hand (which can complicate employment verification and travel). It’s best to renew on time every 10 years.

If the Green Card is approved: USCIS will mail the card, and your status in their system switches to permanent resident. As noted earlier, any valid work permit you had based on a pending case will automatically terminate once the green card is approved. You won’t need it anymore because the green card itself is proof of work authorization (employers can accept a green card for the I-9 employment verification). You can also stop worrying about renewing the EAD or advance parole – your green card allows reentry to the U.S. from trips abroad, and you hold a secure status.

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What If a Green Card Is Denied but a Work Permit Is Granted?

It’s possible in some cases that you received your work permit while your I-485 was pending, but then unfortunately the green card application gets denied. This scenario can be confusing and stressful, so it’s important to understand the consequences and next steps.

First, recognize that the work permit (EAD) was a benefit of having a pending I-485. If the I-485 is denied and there are no appeals or motions keeping it alive, the basis for your work permit ceases to exist. Even if your EAD card still has time left on it, it is no longer considered valid once the green card (adjustment) is denied. In practical terms, this means you lose your authorization to work from that point onward, and you generally lose lawful status unless you have some other independent status or application pending. USCIS typically instructs applicants in a denial notice to depart the U.S. if no other lawful status exists. The denial effectively terminates the period of authorized stay you had during the pending application.

Sometimes, people think, “Well, I have this card that doesn’t expire for 6 more months, can I keep working?” Technically, no – since your I-485 denial ends the eligibility, continuing to use the EAD could be considered working without authorization. Employers might not be aware of your status change until the card’s expiry, but legally you would be out of status and should not use the EAD. Moreover, if you applied for a renewal EAD and the I-485 is denied in the meantime, that renewal will be denied as well.

So what can you do if this happens? A few considerations:

• Appeal or Motion: If the green card was denied for a reason that can be addressed (maybe a mistaken denial or missing info that can be provided), you might file a Motion to Reopen/Reconsider or an Appeal if applicable. Simply having a work permit doesn’t give you status during an appeal, but if the case is reopened, your period of authorized stay could resume. It’s complex, so an attorney’s guidance is critical here.
  

• Alternative Options: If the family-based green card is denied, sometimes applicants may have other options – for example, a different family petition, or maybe they become eligible through employment or some humanitarian route. In rare cases, if you had a concurrent asylum claim or something, you could still have an EAD under that separate category. But generally, if the sole basis was the family I-485, once that’s denied, the work permit (category C09) is done. One cannot continue to stay just on the EAD.
  

• Departure and Reapplication: If no immediate fix is available, the person might have to leave the U.S. to avoid accruing unlawful presence (which can trigger bans on re-entry). Sometimes, they can restart the process via consular processing if the issue that caused denial is resolved (for instance, an inadmissibility waiver). Each situation is unique.

It’s a tough situation, but the key takeaway is: a work permit is not a safety net if your green card is denied. It’s temporary and tied to that pending status. This underscores why getting the green card application right (with the help of an experienced attorney) is so important, and why one shouldn’t rely on the EAD alone for long-term plans. If you ever face a denial, consult an immigration lawyer immediately to figure out the best course of action.

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Conclusion: Get Professional Help with Your Work Permit or Green Card

Both work permits and green cards are critical in the journey of family-based immigrants. The work permit vs green card comparison shows that while a work permit provides short-term ability to work during the process, the green card is the ultimate goal that grants you permanent residence and greater security. Understanding the differences – in definition, eligibility, process, benefits, and limitations – will help you navigate your immigration case more confidently.

Immigration law can be complex, and small mistakes in applications can lead to big delays or denials. Whether you’re applying for a work permit, a green card, or both, it’s wise to have knowledgeable guidance. At SG Legal Group, our experienced immigration attorneys are here to help you every step of the way. We specialize in family-based immigration and have helped many clients obtain work permits and green cards successfully.

If you have questions about obtaining a work permit or green card, or need help with a family-based immigration case, contact SG Legal Group today for a personalized consultation. Let our legal team help turn what can be an overwhelming process into a smooth experience. Don’t navigate the complexities of immigration alone – reach out to SG Legal Group and let us assist you in achieving your American dream with confidence.